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One of the most common frustrations in filing a workers’ compensation claim is that the process—including the employer’s and insurance company’s review of your claim—can take a long time. Another challenge is workers’ compensation claim denial. In the case of a delay or denial, an employee may seek legal action and court intervention. This process…
The Occupational Safety and Health Office defines workplace injury and illness as injuries acquired while a worker is performing his or her task in the workplace or illnesses acquired through prolonged exposure to substances on the job. Yet, even in the safest workplaces, workplace injuries can occur. In the event of an injury, the employee…
A Georgia employer should support an injured worker’s safe and speedy return to work. A company’s support for its injured employees shows that it values its workforce. Additionally, it benefits a business to accommodate an injured employee’s physical restrictions rather than hiring and training a new replacement. As an employer, companies shouldn’t rush an employee…
Even if a workers’ compensation claim seems like a guarantee, there are seemingly endless reasons that a claim could be denied. Pre-existing injury – An employee who has been previously hurt may aggravate his injuries while performing his job. Employers typically use the pre-existing injury defense to deny a worker’s claim. Offsite injuries – A…
In order to receive workers’ compensation benefits in Georgia, the employee must demonstrate that he or she is an “employee” of the employer. The State Board will evaluate whether there is a valid employment relationship for the purposes of work comp benefits. The State Board is directed to construe this relationship liberally. According to the…
If you watch much TV, you may have seen the commercials for Avvo, the online legal directory service. They’re clever TV spots for certain. But is Avvo a credible legal resource? Avvo was founded in 2006 out of Seattle by a lawyer who was then Expedia’s general counsel. Seeing the need for a credible resource…
A well-funded special interest lobbying coalition is pushing to eliminate the Georgia Workers’ Compensation System. As I wrote about a couple of months ago, the “Association of Responsible Alternatives to Workers’ Compensation” (ARAWC), funded by approximately two dozen national corporations is at the helm of this effort. In its drive to squash workers’ comp, the…
Much attention has been brought to the dangers of drinking and driving. Less is talked about regarding drinking on-the-job, which can be equally dangerous. Not only is an intoxicated worker putting himself and others at-risk, but there is also a good chance a workers’ compensation claim will be denied to that worker should he be…
Ramos & Law congratulates Administrative Law Judge, Vicki Lynn Snow, on her retirement from the Georgia State Board of Workers’ Compensation. Prior to her tenure on the State Board’s Trial Division, Judge Snow served for many years on the Appellate Division. While Judge Snow’s last day was April 29, 2015, she plans to continue her…
Subcontracting is a common business practice that can help general contractors and businesses get jobs done more efficiently. But what happens when a subcontracted worker is injured on the job? Are subcontractors eligible for workers’ compensation benefits? The facts about subcontractors and workers’ comp Georgia is one of 44 states that statutorily regulates workers’ compensation within…